# In the matter of Smaaash Entertainment Private Limited

> NCLT judgment dated 2024-07-31. Citation: TCN-2024-NCLT-00909. The case involves an application filed by the Resolution Professional (RP) of Smaaash…

- **Court:** NCLT
- **Order date:** 31 Jul 2024
- **Citation:** TCN-2024-NCLT-00909
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/smaaash-entertainment-private-limited-d831bbd5

## Summary

### Background

The case involves an application filed by the Resolution Professional (RP) of Smaaash Entertainment Private Limited, the Corporate Debtor, under Section 19(1) and 19(2) of the Insolvency & Bankruptcy Code, 2016 (IBC). The RP sought directions against suspended directors and others (Respondents) to extend assistance and cooperation, specifically regarding information and documentation outlined in Annexure-“15”. The application arose after the Corporate Debtor was admitted into the corporate insolvency resolution process following a petition filed by Edelweiss Asset Reconstruction Company under Section 7 of the IBC. The RP was appointed as the Interim Resolution Professional and later confirmed in that role. The Transaction Auditor required certain documents to

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## Facts

Edelweiss Asset Reconstruction Company filed a petition under Section 7 of the IBC, leading to the Corporate Debtor, Smaaash Entertainment Private Limited, being admitted into the corporate insolvency resolution process on 2022-05-06. The applicant, Bhrugesh Amin, was appointed as the Interim Resolution Professional (IRP) and later confirmed as the Resolution Professional (RP). During the audit, the Transaction Auditor required certain documents, which the RP requested from the Respondents, including Respondent No. 4, Deputy General Manager, Finance & Accounts. The RP sent multiple emails between 2022-08-01 and 2022-10-06, but the documents were not provided. The Respondents, including suspended directors and former employees, cited reasons such as termination of

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## Issues and analysis

### Issue 1: Whether the Respondents are obligated to provide the documents and information requested by the …

**Ratio:** Section 19(1) and 19(2) of the IBC mandates that suspended directors and other personnel

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**Reasoning:** The Tribunal emphasized that the RP requires access to all relevant information to

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**Interpretation:** Section 19 of the IBC is interpreted to impose a clear and unambiguous

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**Application:** The Tribunal found that the Respondents, particularly Respondent No. 4, failed

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## Parties

- **Judges:** Charanjeet Singh…; Smt Lakshmi…
- **Appellants:** Bhrugesh…
- **Respondents:** Smaaash Entertainm…; Shripal Sevantilal…

## Timeline

- **2022-05-06 — Admission in…**: Smaaash Entertainment Private Limited admitted into corporate insolvency resolution…
- **2022-08-01 — Initial Email…**: The RP sent an email to Respondent No. 4 requesting documents needed by the Transaction…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 19(1) — Personnel to extend co-operation to interim…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-19)

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